Alavenkataseshamma v. Mr. Sambashivarao

Date :15.11.2017 Between :

Ala Venkata Seshamma W/o late Madhusudhana Rao 59 years R/o Vengalaraonagar, Kavali SPSR Nellore dist and others Petitioner And Mr Sambashiva Rao MD/Chairman, APSRTC Bus Bhavan, Musheerabad, Hyderabad and another Respondents The Court made the following:

ORAL ORDER:

W.P. No. 34655 of 2011 was disposed of by order dated 23.8.2013. In paragraph 6 of the said order, petitioners were permitted to submit claim forms for service benefits and to fie an application for appointment of one of them on compassionate grounds. Respondents 1 and 2 were directed to consider releasing of the benefits to petitioners as per their entitlement and to consider the claim of the petitioners for provision of compassionate appointment. Alleging violation of the said direction, this contempt case is filed.

2.

Counter affidavit is filed on behalf of the second respondent. Along with counter affidavit copy of proceedings dated 23.7.2016 is enclosed wherein it is stated that in compliance of the direction of the Court, the benefits payable to the dependants of the ex-employee were paid. It appears there is dispute between first petitioner in the writ petition and another person regarding family pension and matter has to be considered by the Provident Fund authorities. 3.

With reference to provision of appointment on compassionate grounds, by proceedings dated 23.7.2016, first petitioner was informed that as and when vacancies arise, her claim would be considered. She was also informed that she was not eligible for post of constable. It is also stated that after application made by the second petitioner for appointment on compassionate grounds, no person was appointed under 'Bread Winner Scheme' as no vacancies in the post of conductor are available. Having regard to the averments made in the counter on behalf of second respondent, it cannot be said that there is deliberate and willful violation of the directions issued by this Court. However, Court noticed that though order was passed on 23.8.2013, respondents kept

quiet and only after contempt case is filed, they have responded in informing the party about the eligibility for appointment and filed counter affidavit in September, 2017. Respondents are warned to be careful in future in complying with the orders of this Court. Having regard to the action taken, Court accepts the unconditional apology expressed by respondents and accordingly the contempt case is closed. No costs.

__________________ P NAVEEN RAO,J DATE: 15.11.2017 TVK

Date :15.11.2017